Some years back, I was sucked into the labyrinth of Indian Matrimonial laws and a false 498a in particular. To be fair, before it hit me, it was difficult for me to fathom the wide spread misuse of dowry laws and specially 498a in India.
CONSULTATION
Court: Chhattisgarh High Court Bench: JUSTICE Dr. I.M. Quddusi & G. Minhaj Geeta Bareth Vs. Keshav Prasad Bareth On 10 May 2012 Law Point: There is bar of filing appeal against order passed under Chapter IX of Cr.P.C. — In view of specific bar of appeal and fact that order challenged in this appeal has […]
Court: Uttranchal High Court Bench: JUSTICE J.C.S. Rawat Surendra Singh Vs. Shakuntala Devi & Ors. On 8 June 2006 Law Point: Effective date of payment for maintenance, Date of order in normal circumstances however, in extraordinary circumstances it may be ordered to be paid from date of application. Court below gave no reason for allowing […]
Court: Rajasthan High Court Bench: JUSTICE Sunil Kumar Garg Chhotu Singh & Anr. Vs. Smt. Ramdini On 19 March 2002 Law Point: Increased amount of maintenance shall be taken from the date of passing of order and not from date of application. JUDGEMENT 1. This revision petition has been filed by the petitioners against the […]
Court: Andhra Pradesh High Court Bench: JUSTICE T. Ranga Rao S. Vijaya & Ors. Vs. S. Dharmaraju & Anr. On 16 October 1997 Law Point: In absence of any specific direction to pay maintenance from date of order or application, It should be construed that payment of maintenance is from date of order in view […]
Court: Gauhati High Court Bench: JUSTICE S. Talapatra Pinki Das (sarkar) Vs. Swapan Sarkar On 23 April 2012 Law Point: “Without reasonable excuse”. Clause as engrafted in Section 9, H.M. Act, 1955 and clause “without any sufficient reason” as engrafted in Section 125(4), Cr.P.C., do carry identical meaning and purport but situations or contexts are […]
Court: Madras High Court Bench: JUSTICE M. Karpagavinayagam Rathina Marie Prema & Anr. Vs. Marcel Fernandos On 8 November 1996 Law Point: Divorce between Husband and Wife on the basis of joint memo, wherein the wife had waived her claim for maintenance. Wife not entitled to claim maintenance unless order in divorce is set aside […]
Court: Andhra Pradesh High Court Bench: JUSTICE T. Ch. Surya Rao Syed Mohd. Ghouse Vs. Noorunnisa Begum & Ors. On 14 March 2001 Law Point: Court cannot Compel Person to Give Sample of Blood for DNA or Other Test, if that person refuses to give blood sample without any valid reason, Court is at liberty […]
Court: Madras High Court Bench: JUSTICE D. Sreedevi S.T. Prabhakar Vs. Secretary Of Government Home Department, Fort St. George & Ors. Law Point: Distress warrant for realisation of maintenance amount to be issued only when the defaulter has failed to comply to the order without sufficient cause. JUDGEMENT 1. Seeking compensation to the tune of […]
Court: Allahabad High Court Bench: JUSTICE Surendra Kumar Manoj Kumar Gupta Vs. Kamlesh Kumari & Anr. On 17 January 2012 Law Point: Magistrate is fully competent to recover the maintenance amount remaining unpaid from husband and to pay the same to wife. — Magistrate is directed to issue recovery warrant for maintenance amount remaining unpaid […]
Court: Kerala High Court Bench: JUSTICE R. Basant Salam Vs. Ayisha & Anr. On 4 December 2006 Law Point: Dispute regarding paternity — DNA test answered against petitioner — Claimant submitted she has no further evidence — Learned Counsel for petitioner submits petitioner wants evidence to be adduced — Even assuming erroneous submission made before […]